M.L.S. v. T.H.-S., 195 A.3d 265

Child born 2005; biological father (C.H.) is deceased; Mother later married Stepfather (M.L.S.).
Stepfather is an active-duty U.S. Navy service member stationed out of state for ~15 years; he visited Mother and Child about 4–5 weeks per year and called frequently when home or deployed.
Stepfather was listed as Child's dependent on his military benefits, providing Child medical and dental coverage with Mother's acquiescence.
Stepfather participated in typical parental activities when present: homework help, bedtime stories, parent-teacher conferences, extracurricular encouragement, grooming instruction, play, and shared family outings.
Procedural posture: Stepfather filed for custody May 2, 2017; trial court denied Mother’s motion to dismiss for lack of standing, entered final custody order Dec. 19, 2017 granting joint legal custody and partial physical custody to Stepfather; Mother appealed.

Issue	Mother’s Argument	Stepfather’s Argument	Held
Whether Stepfather stands in loco parentis and thus has standing to seek custody	Lacks standing because he does not live with Mother and Child and is a nonresident service member	He assumed parental status and discharged parental duties (frequent contact, parenting activities, provided benefits)	Court held Stepfather stands in loco parentis; standing upheld; joint legal custody and partial physical custody affirmed

M.J.S. v. B.B., 172 A.3d 651 (Pa. Super. 2017) (defines in loco parentis: assumption of parental status and discharge of parental duties)
K.W. v. S.L., 157 A.3d 498 (Pa. Super. 2017) (standing is a question of law reviewed de novo)
Fischer v. UPMC Nw., 34 A.3d 115 (Pa. Super. 2011) (breakdown in court system can toll appeal deadlines)
Commonwealth v. Duffy, 143 A.3d 940 (Pa. Super. 2016) (timeliness of appeals requirement)
Duffey v. Duffey, 438 S.E.2d 445 (N.C. Ct. App. 1994) (a service member’s listing a child as a dependent and providing benefits is strong evidence of in loco parentis status)